Evidence regarding the arrest of one of three men charged with murdering author and journalist Lyra McKee was heard in court on Monday.
As the non-jury trial entered its fourth week at Belfast Crown Court, a statement concerning the arrest of Peter Cavanagh was read out.
Cavanagh (35) from Mary Street in Derry has been charged with murdering Ms McKee (29) who was shot and killed as she observed a riot in the Creggan area of Derry on the evening of Friday April 19, 2019.
Also charged with murdering Ms McKee are Paul McIntyre (56) from Kells Walk and 23-year old Jordan Devine from Bishop Street.
All three have denied the murder charge as well as other offences including possessing a firearm and ammunition, and throwing and possessing petrol bombs.
It’s the Crown’s case that whilst none of these three defendants were the gunman who fired the fatal shot that killed Ms Kee, their actions at the scene “are demonstrative of their involvement in the joint enterprise to possess and fire the weapon with the requisite intent for murder.”
A statement regarding Cavanagh’s arrest was heard by Judge Patricia Smyth, which said that on September 15, 2021 officers from the PSNI called at an address in Derry linked to the accused.
A male who answered the door confirmed Cavanagh lived at the property and at 7am on September 17, 2021 officers from the PSNI returned to the address with a search warrant issued under the Terrorism Act.
At 7.10am Cavanagh was arrested and when cautioned, he made no reply.
He was then taken to Musgrave Street police station in Belfast. The statement also confirmed that a number of items were seized from the property and “nothing of evidential value was found.”
Seven co-accused, also from Derry, are facing charges including rioting and throwing petrol bombs, which they all deny.
They are Christopher Gillen (43) from Balbane Pass, Joseph Campbell (23) from Gosheden Gardens, 32-year old Patrick Gallagher from John Field Place, Jude McCrory (26) from Gartan Square, Joseph Barr (36) from Sandringham Drive, 55-year old Kieran McCool from Ballymagowan Gardens and William Elliot (57), who is also from Ballymagowan Gardens.
Evidence was also heard on Monday regarding the arrest of Gillen. Officers arrived at his home at 6.28am on May 9, 2019 and when Gillen was arrested under the Terrorism Act, he made no reply and was then taken to Musgrave Street police station.
During a search of his home, a number of items including a mobile phone and navy Adidas tracksuit bottoms were seized.
Prior to this evidence being heard, Judge Smyth was addressed by Gillen’s barrister Kieron Mallon, who explained why Gillen wasn’t present in the dock after the lunch break.
Mr Mallon told the Judge that Gillen had “got lost” whilst getting his lunch as he “wasn’t familiar” with Belfast.
Judge Smyth told Mr Mallon “steps” needed to be taken to ensure that didn’t happen again and when Gillen appeared several minutes later, she warned “if this happens again I will revoke bail.”